N.M. Stat. § 66-5-205
Vehicle must be insured or owner must have evidence of
financial responsibility; penalties.
A. No owner shall permit the operation of an uninsured motor vehicle, or a motor
vehicle for which evidence of financial responsibility as was affirmed to the department
is not currently valid, upon the streets or highways of New Mexico unless the vehicle is
specifically exempted from the provisions of the Mandatory Financial Responsibility Act.
B. No person shall drive an uninsured motor vehicle, or a motor vehicle for which
evidence of financial responsibility as was affirmed to the department is not currently
valid, upon the streets or highways of New Mexico unless the person is specifically
exempted from the provisions of the Mandatory Financial Responsibility Act.
C. For the purposes of the Mandatory Financial Responsibility Act, "uninsured motor
vehicle" means a motor vehicle for which a motor vehicle insurance policy meeting the
requirements of the laws of New Mexico and of the secretary, or a surety bond or
evidence of a sufficient cash deposit with the state treasurer, is not in effect.
D. The provisions of the Mandatory Financial Responsibility Act requiring the
deposit of evidence of financial responsibility as provided in Section 66-5-218 NMSA
1978, subject to certain exemptions, may apply with respect to persons who have been
convicted of or forfeited bail for certain offenses under motor vehicle laws or who have
failed to pay judgments or written settlement agreements upon causes of action arising
out of ownership, maintenance or use of vehicles of a type subject to registration under
the laws of New Mexico.
E. Any person who violates the provisions of this section is guilty of a misdemeanor
as provided in Section 66-8-7 NMSA 1978.
F. A person charged with violating the provisions of this section shall not be
convicted if the person produces, in court, evidence of financial responsibility valid at
the time of issuance of the citation.